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United States v. Bossingham

United States District Court, Ninth Circuit, California, E.D. California
Dec 21, 2010
CR-F-10-150 OWW (E.D. Cal. Dec. 21, 2010)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. BRETT ALLEN BOSSINGHAM AND ELISABETH ANN BOSSINGHAM, Defendants. No. CR-F-10-150 OWW. United States District Court, E.D. California. December 21, 2010.

         MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' "WRIT OF ERROR QUAE CORAM NOBIS RESIDENT IN RE (DOC. 41) ORDER STRIKING DEFENDANTS' AFFIDAVIT OF DEFAULT (DOC. 40)", (Doc. 46), AND DEFENDANTS' "WRIT OF ERROR QUAE CORAM NOBIS RESIDENT IN RE (DOC. 42) 'MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' 'WRIT OF ERROR QUAE CORAM NOBIS RESIDENT'" (Doc. 47)

          OLIVER W. WANGER, District Judge.

         On December 15, 2010, Defendants, proceeding in pro per, filed a "Writ of Error Quae Coram Nobis Resident In Re (Doc. 41) Order Striking Defendants' Affidavit of Default (Doc. 40)." (Doc. 46). On December 20, 2010, Defendants, proceeding in pro per, filed a "Writ of Error Quae Coram Nobis Resident In Re (Doc. 45) Memorandum Decision and Order Denying Defendants' Writ of Error Quae Coram Nobis Resident.'" (Doc. 47).

         Both of these writs are DENIED. As ruled repeatedly, any challenge to the jurisdiction of this Court over the criminal action commenced against Defendants must be made by Defendants against the United States in the criminal action by properly noticed motion. There is no basis for default against those persons named as "counterdefendants" in Defendants' purported Counterclaim, which was lodged in the criminal action solely for purposes of the record. There is no pending civil action commenced by Defendants and no basis for default against those persons named as counterdefendants in the lodged Counterclaim. No further pleadings by Defendants concerning the lodged Counterclaim will be considered by the Court and will be stricken.

         IT IS SO ORDERED.


Summaries of

United States v. Bossingham

United States District Court, Ninth Circuit, California, E.D. California
Dec 21, 2010
CR-F-10-150 OWW (E.D. Cal. Dec. 21, 2010)
Case details for

United States v. Bossingham

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BRETT ALLEN BOSSINGHAM AND…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 21, 2010

Citations

CR-F-10-150 OWW (E.D. Cal. Dec. 21, 2010)